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Tribal Law and Order Code 2001 edition with 2002, 2003 and 2004 supplements TITLE 8 - ENROLLMENT, REFERENDUMS AND ELECTIONS CHAPTER 8-1 MEMBERSHIP CHAPTER 8-2 PROCEDURES FOR PROPOSING CONSTITUTIONAL AMENDMENTS BY PETITION CHAPTER 8-3 ELECTIONS CHAPTER 8-4 REFERENDUMS PREAMBLE 8-1-1 Findings The Colville Tribal Constitution provides for the terms upon which membership in the Confederated Tribes of the Colville Reservation (hereinafter Tribes) will be granted, forfeited, or denied, and empowers the Colville Business Council to regulate tribal membership. Accordingly, the Colville Business Council finds it in the best interest of all members and potential members to provide specific written rules and regulations governing the procedure to be used in determining membership.
The burden of proof shall be upon the Applicant to establish all elements of the Applicant's entitlement to enrollment or entitlement to a correction of blood degree under the Tribal Constitution and rules and regulations of this Chapter, unless otherwise specifically stated herein. Any matters required to be proved under this Chapter unless otherwise specifically stated, must be proved to the satisfaction of the Tribal Court, Enrollment Committee or the Council, as provided herein, by clear and convincing evidence. 8-1-30 Definitions (a) "Adoption" means admission to membership in the Tribes by the procedure for adoption in the Tribes set out below. (b) "Basic Enrollee" means an enrolled member of the Tribes whose name appears as an enrolled member on the official tribal roll dated January 1, 1937; not including those listed as enrolled for "land only". (c) "Blood of the Tribes and bands which constitute the Tribes," "Colville Blood," or "Colville Indian Blood," means the Colville Indian blood as defined by Amendment V and Amendment IX to the Constitution of the Confederated Tribes of the Colville Reservation. (d) "Applicant" means any person who has applied formally for membership in the Tribes prior to approval or denial of the application. (e) "Chief Enrollment Officer" means the person employed by the Tribes to direct the operations of the Tribal Enrollment Office. (f) "Committee" means the Enrollment Committee of the Colville Business Council. (g) "Council" means the Business Council of the Tribes. (h) "Court" means the Tribal Court of the Confederated Tribes of the Colville Reservation. (i) "Days" means all calendar days. However, when any deadline date established by this Chapter falls on a Saturday, Sunday or any day designated a legal holiday by federal or tribal law or by tribal administrative action, the deadline date shall be extended to the next tribal work day following the Saturday, Sunday or holiday. (j) "Enrollment" means admission to membership in the Tribes by the procedure for enrollment set out below. (k) "Parent" means the natural or biological parent. (l) "Permanent Residence" means the true, fixed, permanent home to which one has intention of return whenever absent therefrom. Minors shall be considered to reside with any parent who is a member of the Tribes. (m) "Person" means any human being of any age or sex whether or not an enrolled member of the Tribes. (n) "Relevant Data Form" means a form drafted by and available from the Colville Tribal Enrollment Office which shall request from applicants for membership in the Tribes important information about the applicant and the applicant's heritage upon which decisions regarding the applicant's eligibility for membership or desirability as a member may be based. The Relevant Data Form shall not be considered to define all acceptable or relevant data regarding membership which may be considered in making decisions under this Chapter. (o) "Reservation" means all lands within the jurisdiction of the Tribes. (p) "Roll" means the January 1, 1937, census roll of the Tribes as kept and updated by the Colville Tribal Enrollment Office. (q) "Secretary" means the Secretary of the Interior of the United States or a duly authorized representative. (r) "Tribal Member" or "Member" means any person who is a duly enrolled member of the Tribes, unless the context clearly indicates otherwise. (s) "Tribes" or "Confederated Tribes" means the Confederated Tribes of the Colville Reservation. (t) "Executive Department" means the Colville Tribal Enrollment Office, Colville Tribal Prosecutor, or other operating department of the Tribes. (Amended 9/6/01, Resolution 2001-494)
8-1-80 Membership The membership of the Tribes for all tribal programs shall be composed of all persons on the roll of the Tribes on the date of the approval of this Chapter by the Secretary of the Interior and: (a) Blood degree, parental enrollment, parental residence on reservation: All applicants who can show pursuant to the rules and standards set out in this Chapter: (1) that the applicant possesses at least one-fourth (1/4) degree of the blood of the tribes and bands which constitute the Tribes; and (2) that at least one parent of the applicant was or is an enrolled member of the Tribes at the time of the applicant birth; and (3) that the parent of the applicant maintained a permanent residence on the Colville Indian Reservation at the time of the applicant's birth. (b) Blood degree, parental enrollment, residence in Continental United States, written application: All applicants who can show pursuant to the rules and standards set out in this Chapter:
(c) Any person who can show pursuant to the rules and standards set out in this Chapter: That his or her heritage and parentage fully conforms to the requirement of section 8-1-80(a), subpart (1) above; and is approved for Adoption into membership in the Tribes by a two-thirds (2/3) majority of all members of the Colville Business Council voting at a regular or special, open session of the Council. (Amended 9/6/01, Resolution 2001-494)
No person who is an enrolled member of any other Indian Tribe or band, foreign or domestic, recognized by a national government may be enrolled or adopted into the Tribes. Neither the Enrollment Committee nor Business Council shall consider the application for membership in the Tribes of any person who is an enrolled member of another tribe or band, until the Enrollment Department has received a resolution (or other official document from such tribe or band if it does not utilize a resolution to approve relinquishment) from such person's tribe or band that such tribe or band has approved such person's relinquishment of membership in that tribe or band. Such relinquishment shall not be deficient if it is made contingent by the approving tribe or band on approval of enrollment with the Tribes. The Enrollment Department shall include an explanation of this requirement in the membership application materials provided to each applicant, and shall obtain the signature of every applicant, who is a member of another tribe, on a form acknowledging the applicant's understanding of this requirement. (10/12/95, Resolution 1995-683)
There shall be no distinction as to the tribal rights of persons placed on the Colville Tribal Roll under sections 8-1-80(a), (b), and (c) above, after enrollment has been completed.
Where the parents of an applicant were not married at the time of the birth of the applicant, the Enrollment Office or the Enrollment Committee may require appropriate blood tests or court decrees in order to make a determination regarding the identity of the natural parents of the applicant.
The Enrollment Office or the Enrollment Committee may petition any court to obtain information necessary to make decisions they are required to make under this Chapter.
All agencies and offices in possession of the Colville Tribal membership roll shall be officially notified that copies of such roll are not to be given to anyone without the written authorization of the Colville Business Council. (Adopted 4/8/76, Resolution 1976-203) 8-1-120 Enrollment Procedure All enrollments into the Tribes shall take place under the provisions of this section. All persons who prove under the rules and standards set out in this Chapter that they meet all qualifications for enrollment shall have a right to enroll in the Tribes. An applicant denied the right to enroll shall not, under any circumstances, be compensable in money damages against the Tribes, its employees or officers.
Applicants attempting to enroll shall file a short written Application For Enrollment with the Tribes which Application shall contain relevant evidence and documentation showing that the person is entitled to enrollment in the Tribes. The Tribal Enrollment Office shall make every effort to assist applicants in filling out the Application for Enrollment and the Enrollment Office shall record the date of first contact with applicants, whether that contact is by telephone, personal appearance or letter, as the date of filing the Application for Enrollment.
Within thirty (30) days of the receipt of an Application for Enrollment, the Tribes shall send by registered mail to the person filing the application, at his or her last known address, a comprehensive list of the kinds of evidence and data utilized by the Tribes to make decisions on enrollment and a completed Relevant Data Form with a place on the form for the person's verified signature (or that of their parent or guardian if the applicant is a minor or incompetent), stating that the applicant has supplied all relevant data that he or she intends to submit to the Tribes on the issue of the applicant's enrollment. Review of an enrollment application shall not begin until the Application for Enrollment and the verified, completed Relevant Data Form have been returned to the Tribes.
Within one hundred twenty (120) days of the filing of the completed Relevant Data Form with the Tribes, the Executive Department of the Tribes shall make a formal, written recommendation of enrollment or recommendation of denial of enrollment, along with written reasons, to the Enrollment Committee. A copy of the written recommendation of enrollment or recommendation of denial of enrollment shall be sent to the person applying for enrollment at his or her last known address at the same time the recommendation is sent to the Enrollment Committee.
(a) The Enrollment Committee shall, within sixty (60) days of the filing with the Enrollment Committee of the written recommendation of the Executive Department, approve or disapprove the recommendation, in writing, by majority vote of the Enrollment Committee and convey notice of approval or disapproval to the applicant. (b) A failure by the Enrollment Committee to act within sixty (60) days of the filing of a recommendation from the Executive Department shall cause the Executive Department's recommendation to become final for the Tribes on the sixty-first (61) day after receipt of the recommendation by the Enrollment Committee. (c) A vote by a majority of the Enrollment Committee in favor of the recommendation of the Executive Department by the Enrollment Committee shall cause the recommendation to become final for the Tribes on the date of the vote. (d) A vote by a majority of the Enrollment Committee against a recommendation by the Executive Department to permit enrollment of an Applicant shall cause at the direction of the Enrollment Committee either:
(e) If a recommendation is returned for further review, a second recommendation shall, on or before the thirtieth (30) day after the return, be sent back to the Enrollment Committee in accordance with the applicable portion of section 8-1-124 above. Upon filing of the recommendation for the second time with the Enrollment Committee, the Enrollment Committee shall vote either to permit enrollment or to finally deny enrollment; and the failure to conduct such a vote within sixty (60) days on the second recommendation of the Executive Department, or a vote to return the second recommendation to the Executive Department, shall be considered a failure to act as in section 8-1-125 above. (f) A vote by the Enrollment Committee against a recommendation by the Executive Department to deny enrollment to an Applicant shall cause, at the direction of the Enrollment Committee:
(g) If a recommendation is returned to the Executive Department for further review, it shall, on or before the thirtieth (30) day after its return, be sent back to the Enrollment Committee with recommendations in accordance with the applicable portion of section 8-1-124 above. Upon filing of the recommendation for the second time with the Enrollment Committee, the Committee shall vote either to permit enrollment or to deny enrollment. A failure to vote within sixty (60) days on the second recommendation or a vote to return the second recommendation to the Executive Department shall be considered a failure to act as in section 8-1-125(b) above. (h) A final denial of enrollment shall not be reopened by the Tribes without a showing that the Applicant denied enrollment has available for immediate presentation substantial, credible, new evidence. A decision by the Executive Department or the Enrollment Committee that substantial, credible, new evidence does not exist to reopen an enrollment, shall be appealable only on that specific issue under the Subchapter on Appeals under this Chapter.
The decision of the Enrollment Committee shall be final for the Tribes and a person admitted to membership by vote of the Enrollment Committee, or by operation of this Chapter, shall be entitled to exercise tribal rights on the date of favorable enrollment action by the Committee or by operation of this Chapter. Persons denied enrollment shall be permitted to appeal as provided below. Persons obtaining membership in the Tribes by enrollment shall be entitled to receive per capita payments, if any were made, from the date that the completed Relevant Data Form was filed with the Tribes. ADOPTION PROCEDURE 8-1-160 Adoption Procedure All adoptions into the Tribes shall take place under this Subchapter.
Adoption shall be granted or denied at the absolute discretion of the Tribes and is not a right. Decisions not to adopt shall not be appealable to any Court and the willful or negligent denial of an adoption shall not under any circumstances be compensable in money damages or remediable by injunction against the Tribes, its employees or officers.
Any person considering himself or herself eligible to be considered for adoption into the Tribes under section 8-1-80(c) above, may file with the Executive Department of the Tribes a Petition for Adoption. The petition shall show Colville blood degree and other Indian blood and any other information the person believes is relevant to obtaining a favorable recommendation of adoption. The Colville Business Council shall set no standards for adoption and adoption shall remain discretionary with the Tribes. Persons who do not meet the requirements for adoption set out in the Constitution of the Confederated Tribes of the Colville Reservation shall not be considered for adoption.
Within one hundred eighty (180) days after the receipt of the Petition for Adoption with the Tribes the Executive Department of the Tribes shall make a formal, written, recommendation of adoption or recommendation of denial of adoption, along with written reasons and evidence supporting its recommendations to the Enrollment Committee. A copy of the written recommendation of adoption or recommendation of denial of adoption shall be sent to the person applying for adoption at his or her last known address at the same time the recommendation is sent to the Enrollment Committee.
The Enrollment Committee shall, within sixty (60) days of the receipt of the written recommendation of the Executive Department, vote to recommend to the Business Council that the person be adopted, that the person not be adopted, or that no recommendation is made. If the Enrollment Committee shall fail to vote any recommendation within sixty (60) days of the written recommendation of the Executive Department, the Petition for Adoption shall be presented to the Business Council with a Committee recommendation of "no recommendation" for or against adoption of the person filing the petition.
Adoption shall only be allowed when a two-thirds (2/3) majority vote of all members of the Business Council has approved the adoption at a regularly scheduled meeting of the Business Council. A failure to receive a two-thirds (2/3) majority vote shall mean the adoption is finally denied. Decisions of the Business Council shall be final and no appeal of any kind to any tribunal or other agency for any reason shall be allowed from a denial of adoption by the Business Council.
An adopted member may begin exercising all tribal rights and will become eligible for subsequent per capita payments, if any are made, on the date of Business Council action approving the adoption.
Any person who is formally denied adoption by a vote of the Business Council shall not for any reason be permitted to file another valid petition for Adoption until three years from the date of the Business Council vote on the prior Petition for Adoption have passed. 8-1-200 Who May Appeal (a) This section applies only in cases where:
(b) No appeal of decisions regarding adoption shall be allowed.
The Tribal Court of the Confederated Tribes shall have exclusive jurisdiction to hear all appeals of disenrollment or enrollment decisions in the manner set out in this Chapter. No jury shall be allowed in disenrollment or enrollment matters. To the extent necessary for the hearing of appeals under this Chapter, and as limited by this Chapter, the Tribes hereby makes a limited waiver of its immunity from suit in the Colville Tribal Court for the purpose of hearing appeals from enrollment decisions of the Enrollment Committee and issuing judgment as provided in this Chapter.
Appeals from disenrollments or denials of enrollment by the Enrollment Committee shall proceed in the Tribal Court pursuant to the sections of the Colville Tribal Code governing Civil Actions and Civil Rules of Court except where specifically provided in this Chapter. No appeal may be brought under this section unless it is filed within one (1) year of the decision of the Enrollment Committee to disenroll or deny enrollment. The fact that a person has petitioned for adoption at the same time as appeal from an enrollment or disenrollment decision is filed shall have no bearing whatsoever on appeals under this section.
The only grounds for appeal of an enrollment decision under this section shall be:
The only remedies which the Court may order in matters appealed under this section are injunctive requiring enrollment or re-enrollment. There shall be in all appeals under this Chapter a presumption, rebuttable by the appellant, that the Enrollment Committee has acted properly, consistent with the facts of the case, this Chapter, and the Constitution of the Confederated Tribes of the Colville Reservation.
Appellants shall have the burden of proving their case by clear and convincing evidence. The Court in ruling on an appeal shall strictly construe provisions of this Chapter.
If the Court rules against an appellant in any appeal under this Chapter, the appellant shall pay all court costs and the reasonable attorneys fees of the Tribes expended in defending against the appeal. If the Court rules for an appellee in any appeal under this section, each party shall bear his or her own expenses - unless there is a finding that the Tribes acted in bad faith in disenrolling or refusing to enroll.
A finding by the Court that the Enrollment Office or the Enrollment Committee acted in bad faith under this Chapter shall permit the Tribal Court to order the Tribes to pay to persons denied due to the bad faith any Tribal per capita payment or payment derived from land or other claims, any such payments denied, plus a reasonable rate of interest. 8-1-240 Blood Degree Corrections The following procedure shall be used in making corrections (increases or decreases) of all blood degrees presently listed on the roll of the Tribes. This procedure is established to provide for a fair and unbiased examination of all blood degree corrections requested by the Tribes or by any other person.
The following entities shall have standing to file and prosecute a blood degree correction action:
An action for blood degree correction shall be by civil complaint for blood degree correction in the Colville Tribal Court. The Tribal Code governing civil actions and Civil Rules of Court shall be applicable to this proceeding except as specifically provided in this Chapter.
In all actions for blood degree corrections the plaintiff shall be required to prove by clear and convincing evidence, that a blood degree other than that which is listed on the roll for the person whose blood degree is at issue, is the correct blood degree and what the precise blood degree to be listed on the roll should be. There shall be a presumption, rebuttable by the plaintiff, that the blood degree listed on the roll is correct.
The sovereign immunity of the Tribes shall not be a bar to suits for injunctive relief brought in the Colville Tribal Courts by parties having standing under this Chapter to bring actions for correction of blood degrees under the provisions of this Chapter. This waiver shall not apply to any other cause of action and shall not be a waiver of immunity from the award of money damages.
Actions brought under this section shall be tried by the judge alone and no person shall have a right to trial by jury in an action brought to correct a blood degree.
Judgments in cases involving petitions for correction of blood degrees shall be issued in writing over the signature of the trial judge and shall be limited to declaratory judgments, injunctions, and awards of reasonable costs and representative fees, as set by the Court, to prevailing parties.
Judgments in actions to correct blood degrees shall be binding on all parties to the action; provided that such judgments shall be admissible into evidence in all other actions to which they are relevant but shall not be determinative of any actions in which they are found relevant and admissible.
For purposes of all actions to correct blood degree the Colville Tribal Court will be considered to have jurisdiction over such actions pursuant to CTC section 2-1-1, as such section is now written or shall in the future be amended, in that the events giving rise to the action are deemed to have occurred within the tribal jurisdiction.
Any party to an action to change a blood degree may appeal the judgment of the trial court pursuant to the Colville Tribal Code rules for civil appeals. Any appeal shall stay the judgment of the trial court until the completion of the appeal. A judgment on appeal shall be final. The prevailing party in an appeal of a judgment in a change of blood degree action shall be awarded costs of appeal and reasonable fees for representation. 8-1-280 Disenrollment All proceedings for disenrollment shall be pursuant to the provisions of this section.
No person shall be disenrolled from the Tribes except on the following grounds:
The Executive Department of the Tribes may file a written Petition for Disenrollment with the Enrollment Committee. The Petition shall state upon what grounds disenrollment is sought and a brief summary of the facts upon which the petition is based.
The Enrollment Committee shall cause the Petition to be served upon the person whose disenrollment is sought by registered mail or verified, personal service. The Enrollment Committee shall allow the person against whom the Petition is filed not less than sixty (60) days nor more than one hundred eighty (180) days to file a written response to the claims of the Executive Department.
The Enrollment Committee shall hold an open hearing not less than twenty (20) days nor more than sixty (60) days after the receipt of the response of the person whose disenrollment is sought to hear all evidence and decide by majority vote of the committee on disposition of the disenrollment petition.
At the hearing all relevant evidence, written or oral, shall be considered by the Committee. The Executive Department of the Tribes shall have the burden of proving by preponderance of the evidence that the Petition should be granted. The person whose disenrollment is sought may be represented by counsel of his or her own choosing at his or her own expense.
A vote by the Enrollment Committee as to the disenrollment of a member shall be final and appealable only as provided in this Chapter. 8-1-320 Relinquishment A member of the Tribes may relinquish all rights as a tribal member pursuant to this section. A member may relinquish all rights as a member of the Tribes by filing with the Enrollment Office a verified statement expressing a desire to relinquish all of the member's rights in the Tribes. The Enrollment Office shall immediately convey the Request for Relinquishment to the Colville Business Council with an appropriate resolution permitting relinquishment of all rights and directing the Enrollment Office to remove the relinquished member from the roll. Approval of requests for relinquishment of all tribal rights shall be by majority vote of the Colville Business Council. Where the member requesting relinquishment of all tribal rights is intending to enroll in another Indian tribe, the member may request, and the resolution to allow relinquishment may state, that the member shall not be removed from the roll until the member has been enrolled in the tribe in which the member seeks membership. Any person who (after the effective date of the prohibition embodied in this sentence) has been removed from the roll through relinquishment shall thereafter be prohibited from membership in the Confederated Tribes of the Colville Reservation; provided, however, that, a person who, while such person was a minor or incompetent, has obtained relinquishment by the actions of a parent or guardian, shall not be prohibited by that relinquishment from seeking restoration of full tribal rights through adoption under this Chapter, upon such person's reaching the age of majority or regaining legal competence. (Section
8-1-80 through 8-1-324 Amended 9/6/01, Resolution 2001-494)
8-2-1 Determination of Number of Eligible Voters (a) In order to comply with the provisions of Tribal Constitutional Amendment VIII, it will be necessary at the time of each annual, tribal general election for the Colville Business Council to determine and publish the exact number of tribal members who, on the date of that general election are over the age of 18 years and were eligible to vote in that general election. One third (1/3) of the published number shall be the number of eligible voters whose authenticated, numbered and dated signature shall validate the properly written and filed petition to place a proposed constitutional amendment on the next general election ballot of the Colville Confederated Tribes, pursuant to Tribal Constitutional Amendment VIII. (b) The Election Committee of the Colville Business Council shall, with the assistance of the tribal administrative officer in charge of conducting the annual tribal general election and the tribal enrollment officer of the Colville Confederated Tribes, determine and publish by written resolution, within forty-five (45) days of the date that final totals and results in the tribal general election are determined, the number of tribal members who were over the age of 18 years and eligible to vote in that tribal general election. This published number shall be used to qualify and validate petitions for proposed constitutional amendments filed at the next general election, pursuant to Amendment VIII of the Colville Tribal Constitution.
(a) A signature placed on a valid petition page shall be valid unless the signature:
(b) Individual signatures that are found to be invalid appearing in an otherwise valid petition page shall:
(c) All signatures on an invalid petition page shall be considered invalid. (d) The Tribal Enrollment Department or other persons appointed by the Election Committee of the Colville Business Council shall be responsible for the validation or invalidation of the signatures on any properly printed and submitted petition. Validation or invalidation of each signature shall be marked directly on the petition page where the signature appears. If the signature is not validated the reason(s) for invalidation shall be marked directly on the petition page where the signature appears. (e) In the event that a tribal member's signature appears on a petition more than once, all but one of the signatures shall be stricken as invalid. (f) Signatures on a petition page must be authenticated in the following manner: The collector of signatures on each petition page shall appear before a notary or a clerk of the Colville Tribal Court and sign in the presence of the clerk or notary, on each sheet of the petition, a statement attesting under oath and penalty of perjury that the signatures were made on the petition page on the date shown and by the individuals whose names appear on the petition, and that to the best of his/her knowledge the signatories are eligible Colville tribal voters. (g) Only an eligible Colville tribal voter shall be recognized as a valid collector of petition signatures and authenticator of petition pages by sworn statement.
(a) Words or statements required to be placed on a petition page by this statute shall be clearly typewritten or printed in clear, legible type. When words or statements required to be placed on each petition page by this statute are not present, or are faded, obscured, smeared, or otherwise illegible, that entire petition page shall be invalid and all signatures placed on such a petition page shall also be declared invalid and shall not be counted for the purposes of validating the petition. All signatures to be valid must appear on a petition page that conforms to the requirements of the statute. No separate signature sheets, whether attached to a valid petition page or not, shall be allowed, and shall be invalid. All signatures appearing on a separate signature shall not be counted for purposes of validating the petition. (b) No petition page shall contain more than one proposed amendment. (c) Each petition page upon which signatures of petitioners shall appear shall contain the following words, statements and spaces:
FORM
(more lines) ______________________________________________________ ______________________________________________________________
________________________________________ Signature of collector/enrollment number of collector SUBSCRIBED AND SWORN to before me this ___ day of ____, 20___. _____________________________________ Clerk
of the Colville Tribal Court, or
(a) Petitions to be filed pursuant to the provisions of Amendment VIII shall be filed pursuant to this statute. Petitions and signatures filed out of conformity with this statute shall be invalid. (b) Petition submission and election time line: Petitions submitted pursuant to provisions of Amendment VIII shall conform to the following time line:
1 (note: "being being" in original, corrected 6/18/01)
(a) Personal delivery of the first petition page:
(b) Delivery of subsequent petition pages:
Chairman,
Colville Business Council
Any petition submitted under this statute, shall be considered only for the purpose stated in the petition. Once a petition has been submitted for validation and acted upon (certified for election or not certified for election as lacking sufficient valid signatures) it shall not be used again. (Chapter 8-2 Adopted 9/24/84, Resolution 1984-612)
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| Inchelium District* | Keller District* | Nespelem District* | Omak District* |
| Inchelium | Keller | Nespelem | Omak |
| Colville | Wilbur | Grand Coulee | Riverside |
| Kettle Falls | Republic | Electric City | Oroville/Loomis |
| Hunters | Curlew | West Coulee Dam | Tonasket/Ellisford |
| Orient | Malo | Delano | Malott |
| Northport | Danville | Brewster | |
| Laurier | Bridgeport | ||
| Pateros | |||
| West Omak | |||
| Okanogan |
The off-reservation voting district communities may not be used to establish candidate residency. District map available, upon request through the Elections Office or district community centers.
(Amended
2/6/97, Resolution 1997-74)
(Certified 2/20/97)
(Amended 1/10/02, Resolution 2002-16)
(r) "Certification of votes" means the official tallied results of all poll votes and absentee ballots approved by the Election Committee.
(Amended 1/10/02, Resolution 2002-11)
(s) "Indoctrination" means verbal and written orientation instructions provided to the District Election Board by Election Staff and the Election Committee.
(Amended 1/10/02, Resolution 2002-12)
(t) "Candidate" means any tribal member who has satisfied the requirements for candidacy, as provided for in Article II, Section 6 of the Constitution and By-laws
(Amended 1/10/02, Resolution 2002-13)
(u) "Incumbent" means current Councilperson seeking reelection
(Amended 1/10/02, Resolution 2002-14)
(v) "Tribal entities" means tribal programs that operate under the Confederated Tribes and shall include profit and non-profit organization enterprises owned and/or controlled by the Confederated Tribes of the Colville Reservation.
(Amended 1/10/02, Resolution 2002-15)
ELECTION OFFICIALS
8-3-30 Election Committee
(a) The Election Committee shall, pursuant to Article III, Section 2, of the Constitution and By-laws, have overall responsibility to determine the rules and regulations governing all tribal elections, provided such rules and regulations shall be subject to approval by the Colville Business Council.
(Amended
12/17/98, Resolution 1998-911)
(Certified 12/22/98)
(Amended 2/6/97, Resolution 1997-73)
(Certified 2/20/97)
(Amended 1/10/02, Resolution 2002-17)
(b) In the event that a candidate is closely related to an Election Committee member, the alternate Election Committee member will be used. The Election Committee shall identify a minimum of four alternate committee members on the date which the schedule of events is approved.
(Amended
2/6/97, Resolution 1997-73)
(Certified 2/20/97)
(Amended 1/10/02, Resolution 2002-18)
(c) The Election Committee shall consist of one seated council member from each district.
(Amended
2/6/97, Resolution 1997-73)
(Certified 2/20/97)
(Amended 2/7/02, Resolution 2002-56)
(d) The Election Committee members shall not be up for reelection during the election year.
(Amended
2/6/97, Resolution 1997-73)
(Certified 2/20/97)
(Amended 1/10/02, Resolution 2002-19)
(e) The Colville Business Council Executive Committee shall not be recognized as ex-officio Election Committee members.
(Amended
2/6/97, Resolution 1997-73)
(Certified 2/20/97)
(Amended 1/10/02, Resolution 2002-20)
(f) Three members shall constitute a quorum.
(Amended
2/6/97, Resolution 1997-73)
(Certified 2/20/97)
(Amended 1/10/02, Resolution 2002-21)
(g) Alternates to the Election Committee may be any enrolled Colville tribal member who is an active voter, and has voted in previous elections. The Colville Business Council shall select one alternate for each district.
(Approved 2/7/02, Resolution 2002-57)
8-3-31 Election Staff
(a) The Election Staff shall consist of the Executive Director or his designee, Election Coordinator and one Election Clerk.
(Amended
2/5/98, Resolution 1998-108)
(Amended 2/6/97, Resolution 1997-75)
(Certified 2/20/97)
(Amended 2/7/02, Resolution 2002-58)
(b) The Executive Director or his designee, Election Coordinator and Election Clerk shall be the only persons authorized to receive, from the U.S. Post Office, election correspondence, and the postmaster shall be so notified.
(Amended
2/5/98, Resolution 1998-108)
(Amended 2/6/97, Resolution 1997-75)
(Amended 2/7/02, Resolution 2002-59)
(c) The Election Staff shall be allowed to handle and process election material as set forth herein.
(Amended 2/7/02, Resolution 2002-60)
(d) The Election Coordinator shall be responsible for the proper administering of the election and shall provide adequate security of the ballots.
(Amended 2/6/97, Resolution 1997-75)
(e) Election Staff may be required to work overtime as necessary.
(f) The Election Staff shall notify the Executive Director in the event that a staff member is closely related to a candidate. The Executive Director shall replace the staff member.
(Approved
2/7/02, Resolution 2002-61)
(Amended 1/9/03, Resolution 2003-8)
(Certified 1/10/03)
8-3-32 District Election Board Member
(a) The District Election Board shall consist of a Chairperson, two judges, Sergeant-at-arms and an alternate for each district. The Chairperson will be appointed by secret ballot from the prospective District Election Board members on orientation day before the primary and general election.
(Amended
2/20/97, Resolution 1997-92)
(Amended 2/7/02, Resolution 2002-62)
(b) The Chairperson is to arrive at the specified polling place on or before 7:30 a.m. on the day of election. The Chairperson shall be responsible for:
(1) Ensuring that each District Election Board member and alternate is at the specified polling place on or before 7:30 a.m.;
(2) Setting up the polling place and providing security of the ballot box, timesheets and ballots;
(3) After the count has been completed, he will escort the ballot box back to the main tribal building after the polls close; and
(4) Hand carrying one (1) copy of the unofficial certification of poll votes, signed by the District Election Board members, time sheets and the ballot box to the Election Staff in the main tribal building.
(Amended
2/20/97, Resolution 1997-93)
(Amended 2/7/02, Resolution 2002-63)
(c) The Sergeant-at-arms shall be responsible for:
(1) Maintaining order and calling upon the enforcement officers, when it is considered necessary, for assistance;
(2) Assisting with setting-up and clean-up of polling place; and
(3) Arriving at the specified polling place on or before 7:30 a.m. on the day of election.
(Amended
2/20/97, Resolution 1997-94)
(Amended 2/7/02, Resolution 2002-64)
(d) Judge number one is responsible for:
(1) Assisting the Chairperson with the distribution of ballots, identifying voters, verifying signatures of voters, voters' eligibility and checking contested ballots by:
(A) Checking the voters list to see if individuals received an absentee ballot;
(B) Checking to see if the voter is a new voter; or
(C) Checking to see if the voter is from that established district.
(2) Assisting with setting-up and cleanup of polling place; and
(3) Arriving at the specified polling place on or before 7:30 a.m. on the day of election.
(Amended
2/20/97, Resolution 1997-95)
(Amended 2/7/02, Resolution 2002-65)
(e) The number two Judge is responsible for:
(1) Securing the ballot box;
(2) Ensuring that each ballot is accounted for and that the voter has deposited his ballot into the ballot box;
(3) Assisting with setting-up and cleanup of polling place; and
(4) Arriving at the specified polling place on or before 7:30 a.m. on the day of election.
(5) Assisting the handicapped and disabled within the polling place site.
(Amended
2/20/97, Resolution 1997-96)
(Amended 2/7/02, Resolution 2002-66)
(f) The Alternate is responsible for:
(1) Showing up on orientation and election day, in case one of the selected District Election Board members is not available.
(A) If needed, moving into the unavailable District Election Board member's position and assuming those responsibilities; or
(B) If all District Election Board members are present, the alternate will receive four hours of show-up time.
(2) Arriving at the specified polling place on or before 7:30 a.m. on the day of election.
(Amended
2/20/97, Resolution 1997-97)
(Amended 2/7/02, Resolution 2002-67)
(g) The District Election Board members and alternates shall be appointed and approved by the Election Committee and shall be qualified active voters from that district.
(Amended
2/20/97, Resolution 1997-98)
(Amended 2/7/02, Resolution 2002-68)
(h) District Election Board members shall not be closely related to candidates from their district.
(Amended 2/7/02, Resolution 2002-69)
(i) It is desired that at least one District Election Board member speak the native language.
(Amended
12/17/98, Resolution 1998-917)
(Certified 12/22/98)
(j) Preference in selection, shall be given to persons who have served as District Election Board members in prior elections, and to those who can visibly identify eligible voters from that district. Rotation of District Election Board members will occur every year beginning in May. The previous years' alternate will become a bona fide District Election Board member of his respective voting district. District Election Board members rotate and are replaced at the end of their third year.
(Amended
11/1/90, Resolution 1990-599)
(Corrected 7/30/01)
(Amended 2/7/02, Resolution 2002-70)
(k) There shall be a District Election Board for each district.
(l) Should any infraction be committed by any District Election Board members, it shall be grounds for immediate removal. Infractions include, but are not limited to:
(1) Tampering with tribal election ballots;
(2) Tampering in any way with the election process;
(3) Disclosing to voters confidential information regarding candidates;
(4) Late arrival to orientation and polling place;
(5) Attempting to influence voters;
(6) Being disrespectful to voters and/or fellow workers;
(7) Being under the influence of drugs or alcohol.
(Amended
2/20/97, Resolution 1997-99)
(Amended 2/7/02, Resolution 2002-72)
(Deleted original section 8-3-32(l) per resolution 2002-71)
8-3-33 Enforcement Officers
(a) An enforcement officer shall be assigned to the vicinity of each polling place on election day.
(Amended
2/20/97, Resolution 1997-100)
(Amended 2/7/02, Resolution 2002-73)
(b) The assigned enforcement officer shall accompany the District Election Board Chairperson back to the main tribal building with the locked ballot box after the polls have been closed and the votes have been counted and certified by the District Election Board members.
(Amended
2/20/97, Resolution 1997-100)
(Amended 2/7/02, Resolution 2002-74)
ELIGIBILITY
8-3-60 Candidates for Council Positions
(a) Any enrolled member of the Confederated Tribes of the Colville Reservation, qualified under the provisions of Article II, Section 6, of the Constitution may announce his candidacy for the Colville Business Council within the district of his residency by filing with the Election Staff a petition signed, by not less than ten (10) eligible voters of the district of his residency. The candidate may have more than one (1) copy of an official petition signed and circulated.
(Amended
2/20/97, Resolution 1997-101)
(Amended 2/7/02, Resolution 2002-75)
(b) A candidate must physically reside in the district in which he has filed for candidacy for not less than one (1) year prior to the date of the primary election. The candidate shall have the burden to establish that he meets the physical residency requirements. The Election Committee shall decide all issues related to candidate residency and such decision shall be final.
(Amended
2/20/97, Resolution 1997-102)
(Amended 2/7/02, Resolution 2002-76)
(c) Candidates who are temporarily away from their normal district residence, because of attendance in an institution of higher education or military services are exempt from physically residency requirements as stated in section 8-3- 60(b), providing that the candidates intend to return to the district they were elected to.
(Amended
12/17/98, Resolution 1998-916)
(Amended 2/20/97, Resolution 1997-102)
(d) Candidates who are qualified under section 8-3-60(c), if elected, must return to physically reside in their district on the Colville Indian Reservation before assuming their office.
(Amended
12/17/98, Resolution 1998-915)
(Amended 2/20/97, Resolution 1997-102)
(e) A candidate who is qualified and elected under section 8-3-60(c) above, must return to physically reside in his district on the Colville Reservation before assuming office.
(Amended 2/7/02, Resolution 2002-79)
(f) Candidates cannot be a member of the tribal Election Staff.
(Amended
2/20/97, Resolution 1997-103)
(Amended 2/7/02, Resolution 2002-80)
8-3-61 Eligible Voters
(a) Enrolled members of the Colville Tribes who are eighteen (18) years of age on the day of primary election and/or general election are eligible to vote.
(Amended 2/7/02, Resolution 2002-82)
(b) Eligible voters, voting for the first time may vote in the district of their choosing. A first time voter's actual vote will establish voting district for future elections.
(Amended 2/7/02, Resolution 2002-83)
(c) Eligible voters who have voted in prior elections must cast their ballot in the district that they most recently voted in, except as provided for in section 8-3-62.
(Amended 2/7/02, Resolution 2002-84)
8-3-62 Change of Voting District
(a) Eligible voters who have moved and have physically resided in a different district for a period of one (1) year preceding the next general election may request that their voting district be changed to the district in which they currently reside.
(Amended
2/20/97, Resolution 1997-104)
(Amended 2/7/02, Resolution 2002-81)
(b) Off-reservation voters who wish to change their established voting district must request in writing a change of voting district form. An off-reservation voter's request will require a one (1) year waiting period from the date upon which the request form was returned.
(Amended
2/20/97, Resolution 1997-104)
(Amended 2/7/02, Resolution 2002-85)
(c) The Election Committee will rule on all requests for change of voting districts and that decision shall be final and authoritative.
(Amended
2/20/97, Resolution 1997-104)
(Section 8-3-62(d) Amended 2/20/97, Resolution 1997-105)
(Section 8-3-62(d) Repealed 2/7/02, Resolution 2002-86)
ELECTION PROCEDURES
8-3-90 Petitions
(a) No person will be allowed to receive an official petition form before or after the dates specified in the schedule of events.
(Amended 2/7/02, Resolution 2002-87)
(b) A prospective candidate must apply in person to receive an official petition for candidacy, and sign for it.
(Amended 2/7/02, Resolution 2002-88)
(c) Petitions shall be numbered serially and only one official petition per candidate shall be issued. Candidates may make copies of their petition.
(Amended 2/7/02, Resolution 2002-89)
(d) Election Staff shall verify the eligibility of those who signed the official petition using the most current eligible voter list generated from the Tribal Enrollment Office.
(Amended
2/7/02, Resolution 2002-90)
(Amended 1/9/03, Resolution 2003-9)
(Certified 1/10/03)
(e) In the event an issued official petition is lost or destroyed, that number will be null and void and a new number shall be issued.
(Amended 2/7/02, Resolution 2002-91)
(f) A candidate is required to sign an affidavit that states he understands the approved schedule of events prior to being issued an official petition.
(Amended
2/25/93, Resolution 1993-67)
(Amended 2/21/91, Resolution 1991-67)
(Amended 2/7/02, Resolution 2002-92)
(g) A candidate is required to deliver his own official petition into the hands of the Election Staff according to the approved schedule of events. The Election Staff will verify with the candidate the following:
(1) The position they are filing for;
(2) The spelling of the name; and
The candidate will acknowledge information to be true and correct on the official petition. The Election Staff will date and time stamp the official petition. Once the official petition has been processed it will not be returned to the candidate for any reason. The Election Staff will bring the petition to the Election Committee for certification.
(Amended
2/20/97, Resolution 1997-106)
(Amended 2/25/93, Resolution 1993-67)
(Amended 2/21/91, Resolution 1991-47)
(Amended 2/7/02, Resolution 2002-93)
(h) The election office clock is the official elections clock and will be used for the approved schedule of events. Petitions will not be accepted after the date and time stated on the approved schedule of events.
(Amended
2/20/97, Resolution 1997-107)
(Amended 2/25/93, Resolution 1993-67)
(Amended 2/7/02, Resolution 2002-94)
8-3-91 Schedule of Events
(a) The annual schedule of events must be approved by the Colville Business Council by resolution. The approved schedule of events shall be published in the February edition of the Tribal Tribune and posted in all tribal